S.Harish Krishna, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2018
CORAM:
THE HON'BLE Mr. JUSTICE S.S.SUNDAR W.P.No.21895 of 2018 In W.M.P.No.25693 of 2018 S. Harish Krishna
...Petitioner
Vs.
1. The State of Tamil Nadu, represented by its Principal Secretary to Government, Health & Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Director of Medical Education, Kilpauk, Chennai - 600 010.
3. The Secretary, Selection Committee, Directorate of Medical Education, Kilpauk, Chennai - 600 010.
4. The Secretary, Medical Council of India, Pocket 14, Sector 8, Dwaraka, New Delhi - 110 077.
...Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction in the nature of Writ directing the respondents to consider the petitioner for admission to MBBS/BDS degree course 2018-2019 session under Non Resident of India (NRI) based on the marks secured by the petitioner in National Eligibility cum Entrance Test UG-2018, by considering the representation submitted by the petitioner dated 23.08.2018. For petitioner : Mr. G. Sankaran For RR 1 to 3 : Mrs. V. Annalakshmi, Government Advocate
O R D E R
By consent, the Writ Petition itself is taken up for final disposal at the admission stage itself.
2.
Heard Mr. G. Sankaran, learned counsel appearing for the petitioner and Mrs. V. Annalakshmi, learned Government Advocate, who has taken notice on behalf of the respondents 1 to 3.
3.
It is not in dispute that the petitioner has applied for admission to MBBS/BDS course during the year 2018-2019 under NRI quota showing his maternal uncle Thiru. Maheswaran as his guardian. His maternal uncle is also a Non Resident Indian and a guardian of the petitioner. To that effect, the petitioner has also produced the order passed by the learned Principal Family Court, Coimbatore, in G.W.O.P.No.103 of 2018, dated 28.02.2018, before this Court.
4.
The learned Government Advocate appearing for the respondents 1 to 3 states that since the last date for admission is near and the counselling was going on, the petitioner cannot be considered under NRI quota as he does not satisfy with the requirements mentioned in the norms prescribed. 5.
The learned counsel for the petitioner submits that the petitioner should be aware of the position as on date, so that he may seek legal remedies effectively.
6. In view of the above circumstances, the respondents are directed to consider the representation of the petitioner dated 23.08.2018 and then, pass appropriate orders before counselling scheduled to be held on 25.08.2018. The respondents shall comply with the order of this Court today itself. The Government Advocate is directed to inform the respondents about the order passed today.
7.
In view of the above terms, this Writ Petition is disposed of. No costs. Connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mp
To
1. The Principal Secretary to Government, State of Tamil Nadu, Health & Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Director of Medical Education, Kilpauk, Chennai - 600 010.
3. The Secretary, Selection Committee, Directorate of Medical Education, Kilpauk, Chennai - 600 010.
4. The Secretary Medical Council of India, Pocket 14, Sector 8, Dwaraka, New Delhi 110 077 +1cc to Mr.G.Sankaran, Advocate SR.No.58269 +1cc to Mr.R.Vasudevan, Advocate SR.No.58872 +1cc to Government Pleader SR.No.59352 SS(CO) sm:11.9.2018 WP.No.21895 of 2018 In WMP.No.25693 of 2018